The Worthington advance. [volume] (Worthington, Minn.) 1874-1908, 1887-05-05

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ths tsssiasut Wratse u sssrssarg lA.ae On II.
Rights q Tie Settler Wlo IN ossA HAitA ct.
tied ~ The Public Lanas-IAs Pieser Pallev
Suggested. ss2
The President has sent to the secretary
OF the interior thu following lettSr In rel:.
tor to the controversy between Guiliord
Miller, settler, and>a railroad CORPORA.
|t = on. involving tho ownership Of certain
&. hRye e3amined with much care and in.
tsre:t the questions involved in the con.
fiicting claims OF Guilford Miller and the
Northern Pacific Railroad company to
certain public lands in Washington Ter.
rttory. The legal aspects OF tho case have
been examined and passed upon by several
officers OF the government, who do not
agree In their conclusions. Miller claims
70 b q Settler upon the land in question.
whose possession dates from 1873. He
alleges that he has made substantial
improvement upon this land and
Cultivated tho same. and it appears that
homestead law on Dec. 2s, 1884. The
railroad company contends that this land
il within the territory from which it was
entitled to select such quantity of public
land az might be necessary to supply any
deficiency that should be found to exist in
the specified land mentioned in q grant by
the government to said company in aid Of
the construction Of the road-such deficien.
" being contemplated as likely to arise from
tho paramount right OF private purchase,
and settlers within the territory embrace
a tad In n1n khrA
In dispute was thus selected by the com.
pany on Dec. IL, 1883. A large, trac; in
eluding this land, was withdrawn BY an
order OF the interior department from sale
and from pre- emption and homestead en-.
try In 1872, in anticipation OF the con.
struction OF said road and deficiency in
its granted lands. In $780, upon the fail
ing OF q map OF definite location OF tho
road, the land in controversy and that
which had been 80 withdrawn was found
to lie outside OF the limit which in
eluded the granted land; but it's WITH
drawal and reservation from settlement
and entry under our land laws were con-
tinued upon the theory that it was within
the limits OF indemnity lands which might
be selected by the company, as provided
by tho law making the grant.
THE LEGAL POINTS
in this controversy turned upon the valid
tty and effect OF the withdrawal and selec-
ton OF the land and the continue nee
thereof. The attorney general is OF the
opinion that such withdrawal and
reservation were ut all times effectual, and
that they operated to prevent Miller from
acquiring any interest or right to the land
claimed by him. With this Interpretation
OF the law, and the former orders and &C.
ton OF the interior department., it will be
seen that their effect has been the with
drawal and reservation since 1872 Of
thousands, ii not millions, OF these lands
from the operation Of the land laws
Of the United States, thus placing them
under such laws, to settle and make
homes upon the same; and this has been
done for the benefit of q railroad
company having no fixed, certain or def
mite interest in such lands. In this manner
the beheicient policy and intention OF the
government in relation to the public do
main Tor all these years has to that extent
been thwarted. There seems to be no
evidence presented showing how much il
tulhllment OF the grant to the railroad
company, nor does there appear to be any
Limitation OF the time wherein which this
fact should be made known and the corpo-
ration is obliged to make it's selection.
After q lapse of fifteen years this large body
oil the public domain is still held in reserve
to the exclusion Of settlers for the conven.
fence of a corporate beneficiary OF the gov
eminent and awaiting its selection though
it is entirely certain that much of this re-
vedland can never be honestly claimed by
said corporation. Such a condition OF the
public lands should no longer continue So
far a. it 10 the result of executive rules and
methods they should be abandoned, and
30 far as it is a course of improvident laws
these should be repealed or amended. Our
public domain is
OUR NATIONAL WEALTH.
tho earnest OF our growth and the heritage
Of our people. It should promise limitless
development and riches, relief to crowd
ing populaee9 and homes to thrift and in
dustry. These inestimable advantages
should be jealously guarded and careful
and enlightened policy on the part OF the
government should secure them to the
people. In the case under consideration !
%ith;n t that ths1e Is So bun ., 'an
indemnity in which no citizen or settler has
q legal interest for all purposes OF such in.
Identification to this railroad company, il
it's grant has not already been satisfied.
understand, too, that the selections made
by such corporations are not complete nd
effectual until the same have been approv.
ed by the secretary OF the interior, or un.
less they are made in the words of the
statute under his direction. You have thus
far taken no action in this matter aud
it seems to me thnt you are in q condition
to deal with the subject in such q manner
as to protect this settler from hardship.
transmit herewith the documents and
papers relating to the case which were sub
mitted to me at my request. Isuggest you
exercise the power and authority you have
in the premises upon equitable considera-
lions with the presumption and intention
In favor OF the settler, and in case you find
this corpora ton is entitled to select any
more OF these lands than has been already
acquired, that you direct it to select in
lieu OF the land which Miller has selected
other lands within the limits of this ndcm.
nifty reservation on which neither he nor
any other citizen has in good faith settled
or made improvements. call your atten-
ton to sections 245 and PAL of the Revised
Statutes as pointing out a mode of proceed
ure which may be resorted to if necessary
Tor the purpose OF reaching just and equ-
table disposition of tho case. The sugges.
lions herein contained can, l believe, be
adopted without disregard or calling in
question the opinion of the attorney gener-
al upon the purely legal propositions which
were submitted to him.
Yours truly,
GROVER CLEv ELAND,
Letter from Roscoe Conkling.
At the hAnnuet NJ tho Amor;con (Juh ~